Part 2 of a 3-part series.

South Dakota’s weak open records law gives police agencies full discretion on whether to release footage from body or dashboard cameras, and in most cases, the videos of officer conduct are never shown to the public.

South Dakota News Watch made formal public records requests to obtain video footage of use of deadly force incidents from eight separate law enforcement agencies in November, and all of the requests were quickly denied.

On a few occasions, South Dakota law enforcement agencies have released video footage of their own accord but not necessarily in cases where officer conduct is in question.

The Watertown Police Department released a video on Facebook in early November showing officers responding to a possible break-in with their guns drawn only to find a whitetail buck that had made it into a bedroom.

In 2016, the Rapid City Police Department posted a dash cam video to its public Facebook page showing the chief’s nephew proposing to his girlfriend in a mock traffic stop. “This one is too good not to share,” the Facebook post noted.

The Rapid City Police Department rejected News Watch’s request for videos of a May 30, 2023, incident in which an officer fatally shot 25-year-old Kyle
Whiting, who brandished a fake gun during a foot chase. A bystander inside a nearby home was also shot in the abdomen by the officer and survived. The state ruled the shooting was justified.

Still images tend to clear officers

Some police agencies will occasionally release still images from body or dashboard camera videos, typically when the screenshots show an officer facing a clear threat that appears to justify use of deadly force.

In August, the state released an image from video of a July 5 chase in which a Sioux Falls police officer shot and wounded 24-year-old Deondre Gene Black Hawk in the 100 block of Garfield Avenue.

One still image released to the public shows the gun Black Hawk fired at police. Another image shows Black Hawk pointing the gun toward a pursuing officer prior to the shooting, which was ruled justified by state investigators.

In 2022, the Rapid City Police Department took the unusual step of inviting local media to privately view body camera footage showing the shooting of Barney Leroy Peoples Jr., who was killed after pointing a rifle at officers. The video was not released to the public, and the shooting was ruled justified by the state.

“This was done for public interest and public safety to dispel a false narrative circulating on social media that could have led to civil unrest,” spokesman Brendyn Medina wrote in an email to News Watch.

In a move that appeared to have political overtones, videos were released in 2021 showing former South Dakota Attorney General Jason Ravnsborg being pulled over by officers for suspected traffic violations. The videos and audio showed Ravnsborg informing officers of his status as attorney general during the traffic stops, some of which did not result in tickets.

The videos were released during a period when Ravnsborg was facing possible removal from office for striking and killing a pedestrian in September 2020.

Ravnsborg was eventually impeached, an action supported by then-Gov. Kristi Noem, whose office also made the unprecedented move of releasing videos of Ravnsborg being interviewed by detectives during the investigation into the 2020 fatal accident.

Federal agency released SD shooting video

In general, the federal government provides more public access to police videos than states like South Dakota, and that access was expanded in a May 2022 executive order from President Joe Biden.

That order included a requirement to expedite public release of videos from officers’ body-worn cameras. As a result, in October 2022, the U.S. Department of Interior issued a new policy that required federal officers to wear body cameras and sought to make it easier and faster for the media and public to obtain videos captured by federal authorities.

Due in part to that policy, video of a June 2023 police-involved shooting in South Dakota was released by the federal Bureau of Indian Affairs. In that incident, 39-year-old James Schneider of Watauga fired a weapon and then led authorities on a vehicle chase that ended at the Bullhead Community Center parking lot.

According to the dashboard video, Schneider was waving his arms and holding a handgun in an area where people were present. After he turned to flee into a residential neighborhood, he was shot in the back by an officer. Schneider was found guilty in August of assault and weapons charges after a jury trial and is awaiting sentencing.

In releasing the video, the BIA said it was doing so to be transparent in its operations. To protect the privacy of all involved, faces were blurred in the video.

“The community briefing video is intended to help members of the community gain a better understanding of what occurred,” the BIA said in a release. “We are committed to being transparent with our community.”

Privacy a top concern for agencies

Rapid City police do not routinely release department videos, largely due to privacy concerns of anyone captured in the footage, said Medina, the department spokesman.

“Much of the information collected by (body-worn cameras) is confidential and involves personal information, including that of victims, juveniles, and vulnerable individuals involved in critical and traumatic incidents,” Medina wrote in an email. “It’s important to note that we have had requests from victims and families specifically not to release photos or videos of their encounters with police.  Additionally, juvenile and victim information is protected by state statute.”

Almost all states that allow for public video releases do so with caveats that privacy issues and often concerns over protecting prosecutions are met prior to release.

Rapid City shares the management of its video program with the Pennington County Sheriff’s Office, which recently spent about $48,000 to buy 68 Axon body cameras, said sheriff’s spokeswoman Helene Duhamel.

The Sioux Falls Police Department has an extensive video policy that does not typically allow for public release of videos, said Sgt. Aaron Benson.

“Granting public access to dash and body camera video potentially involves numerous issues relating to the rights of all persons in those videos. These rights include but are not limited to general privacy concerns of victims, suspects, witnesses and others, to statutory and constitutional rights of those same individuals,” Benson wrote in an email. “Additionally, release of video can detrimentally affect ongoing investigations, prosecutions and other legal matters related to those videos.”

McPherson County Sheriff David Ackerman, president of the South Dakota Sheriff’s Association, said body and dash cameras are important tools for police agencies in both urban and rural areas, even though his camera program costs about $60,000 a year, roughly 10% of the overall departmental budget.

“These are very valuable tools, and it’s something that in this day and age, every office and agency needs to have,” Ackerman said. “I’m glad where we are today because they’re for the protection of the public as well as the officers.”

Assistant police chief on body cam: ‘I enjoy wearing it’

Monty Rothenberger, assistant police chief in Yankton, said he supports the use of dash and body cameras as a way to increase accountability for officers and to aid in resolving public complaints.

“I wouldn’t do this job without a body camera, and I enjoy wearing it,” Rothenberger said. “I don’t have anything to hide. And because everything is on video, I feel like Big Brother is watching and I support that.”

The Yankton Police Department bought new cameras last year at a cost of about $80,000, he said.

Rothenberger said that while he is aware of South Dakota public records laws that do not require the department to release videos to the public, he said he personally would support the release of videos in a high-profile or controversial case.

“I’m only speaking for myself, but I would never hide anything like that,” Rothenberger said. “That’s not up to me. … (But) releasing that stuff, it’s good that agencies release things when something has gone wrong and they are being transparent.”

Read part 1 of the 3-part series:

Police videos in SD: Public pays costs but cannot see footage

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As more states begin to provide public access to videos captured by law enforcement agencies, South Dakota continues to keep a tight lid on them.

Publishing Friday, Dec. 19, part 3: A 2020 legislative effort to regulate body camera videos never made it to a vote, maintaining South Dakota’s national reputation for law enforcement secrecy

This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email to get stories when they’re published. Contact content director Bart Pfankuch at bart.pfankuch@sdnewswatch.org.